E—No. 1 Sec. 11.

7. It is said by the Law Officers that, since the passing of the New Zealand Constitution Act, _ legal difficulty is in the way of fulfilling the promises made to the Natives. But it seems hard to see how the Government can, on the one hand, take from the Natives lands on certain conditions, and then, on the other hand, answer, whilst it retains these lands, that it cannot legally fulfil the conditions under which it took them. Your Grace will see that my advice to Ministers has been to issue, without delay, all the Crown grants that have been promised. Ido not doubt they would be valid; but, if their validity was doubtful, I would afterwards apply to the General Assembly for an Act making them good. In this way the Natives would at once see the good intention of the Government; aud Ido not doubt, if it is thought necessary to delay the issue of the grants until the General Assenlbly meets, that that body WiU be quite disposed to pass a law authorizing the Governor to make all grants that have been promised. But this must cause a considerable delay in this most important matter; and then, as in past years, some differences on the subject may arise between the Governor and his Ministers, or between parties in the Assembly, Or there may be a dissolution, and this matter may be again indefinitely delayed. 8. In the same manner there Is a great desire on the part of the Natives, who have no source of wealth but their land, to put apart small glebes for the support of clergymen of the denominations to which they belong, and, with the consent of the Governor, to have such lands secured in perpetuity for this purpose. There never was a nation who required the presence of European clergymen amongst them, in all parts of this Island, more than the New Zealanders do. There never was, I believe, a people more anxious to secure this advantage than they are. Yet, under the Constitution Act and the Acts of the General Assembly combined, the Law Officers here are of opinion that the Natives cannot do this, and that the Governor cannot sanction its being done; hence, a great grievance to the Native race, and an apparent hardship. I have no doubt that the General Assembly will be -quite willing to remedy this when it meets, unless any of the difficulties I have before alluded to should unfortunately occur, and distract its attention more immediately to other subjects. 9. Iu sending home, on the 30fh August 1851^ the draft of the Constitution Ordinance for New Zealand, which subsequently was, with some alterations, adopted by the1 British Parliament, I specially recommended that a power should be reserved to the Governor of making to persons of the Native race grants of land, and of assuring to themselves and their heirs by such grants tho uninterrupted possession of such properties: and, also, that he should have the power of making grants of land for such a public purpose as that of providing for the residence of a clergyman in, or what would now be, a Native parish. I never was informed that it was not the intention of Parliament to give effect to the recommendation I then made. I should not wish to have the right of exercising this power in opposition to the advice of my Responsible Ministers : but not to empower the Governor to exercise it with such advice, is apparently an error; and I should wish your Grace to consider whether, in anticipation that such difficulties as I have before alluded to inay take place here, it would be wise to amend the Constitution Act, if necessary, by conferring such a power on the Governor : giving the General Assembly the power to modify it in any manner that body may think proper. It certainly seems that an evil is in existence, to which a sure remedy should be, without delay, applied. Large numbers of the Natives are still in a sullen anel discontented state : and, whilst they are firmly dealt with, I nevertheless would, without any delay, remove every real cause of grievance which may excite the violent, and secure for them the sympathy of many of their race. 10. From several conversations I had with the New Zealand Ministers,- and especially with the Attorney-General, I feel sure that, in as far as the law would in their opinion permit, they would apply a remedy to the existing evil; and that, in common with the General Assembly, they are anxious to do what is just by the Native race. But in the Legislatures and Governments of new countries, where the lights and privileges of each branch of the Government or Legislature are not fully settled by precedent, delays and difficulties occnr which may for years retard legislation on a subject of such a nature as I have brought under your Grace's notice : and it was the knowledge that such was the case which made me, in 1851, so earnestly advise that the Governor should have had those powers cc-ift-Tcel upon him, the possession of which would have enabled him to prevent those difficulties from taking place which have now arisen. No reason was at the time assigned for not acceding to my i"econNnendations. I have, &c,

G. Grey.

His Grace the Duke of Newcastle, K.G., &c, &c, &c.

Enclosure 1 in No. 24

Wellington, October 25th, 1861.

Sir,—

Referring to my letter of the 20th ultimo,* 1 have the honor to offer some further remarks on the present position of Ngatikahungunu, at AVairarapa; but first, I wish to state that the olservations in my previous letter concerning the Natives in the Turanga District are not intended to apply to Ngatiporou. In reporting to you oil the 15th July, 1859, my then recent visit to Waiapu, I wrote as follows : —" I found a general disposition on the part of the Native population (Ngatiporou) to admit the authority of the law, and a desire almost amounting to eagerness for its regular administration in their neighbourhood." * * * "It is easy to be deceived by first impressions,

Primed in _ .v 0 i s w> p "r-> HWA

51

TO THE SECRETARY OF STATE.